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3rd DCAJune 19, 2019Petition Granted; Order Quashed⭐ Notable

OPKO Health, Inc. v. Lipsius

Case No. 19-0840

OPKO sought certiorari after the trial court refused to stay two Florida shareholder derivative suits in favor of an earlier-served Delaware derivative action and a federal securities class action arising from the same SEC 'pump and dump' allegations. The Third DCA held that under the principle of priority, jurisdiction attaches where service of process is first perfected — not where the complaint was first filed — and that the Delaware action, served first, had priority. The court quashed the order denying the stay.

Key facts

  • OPKO Health, Inc. sought certiorari review after a trial court refused to stay two Florida shareholder derivative suits.
  • The Florida suits and an earlier-served Delaware derivative action, along with a federal securities class action, all arose from the same SEC 'pump and dump' allegations against OPKO.
  • +2 more key facts with a free trial
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